Greene Landfill, Inc. v. Greene Township Zoning Hearing Board

Opinion by

Judge Craig,

This zoning appeal by Greene Landfill, Inc. (Landfill) involves a decision of the Greene Township Zoning Hearing Board (board) which dismissed Landfill’s appeal from the township zoning officer’s failure to grant a permit for a sanitary landfill; the board found that Landfill had withdrawn its application in September, 1976 and therefore concluded that the appeal, taken in December, 1977, was “untimely.” The Court of Common Pleas of Erie County dismissed Landfill’s appeal from the board upon the sole express ground that Landfill was collaterally estopped from asserting…